Chapter 109:2-3 Private Basic Course Training Program

(B)
The term "commander" means the
individual, appointed or employed by a training institution and certified by
the executive director, as chief administrator of a private security training
program;

(C)
The term "executive
director" means the executive director of the Ohio peace officer training
commission;

(D)
The term "course"
means any private security training program as certified by the executive
director of the Ohio peace officer training commission;

(E)
The term "private security academic
training course" means the training prescribed in this chapter conducted by a
private security commander who has been approved and certified in accordance
with the rules of this chapter;

(F)
The term "private security basic firearms
certification course" means the training prescribed in this chapter intended to
satisfy the requirements of division (B)(1) of section
109.78 and Chapter 4749. of the
Revised Code;

(G)
The term
"private security firearms requalification course" means the training
prescribed in this chapter intended to meet the requirements of division (B)(2)
of section 109.78 and Chapter 4749 of the
Revised Code;

(H)
The term
"private security officer" means a person in any position as listed in section
109.78 of the Revised Code which
includes persons employed and compensated by a private organization for the
purposes of enforcing the ordinances and laws they are empowered to enforce, or
to enforce the rules as outlined by said employer on private property or on the
property of another who has entered into a formal agreement with the employer
to provide such services;

(I)
The
term "management-level" means a position at a level, within a business or
governmental entity, with responsibility for control and direction of personnel
and programs, in which the individual is vested with discretionary powers of
direction and decision making.

(J)
The terms "school" and "training facility" mean the physical site used to
conduct training.

(1)
The
purpose of this voluntary course is to provide a certified training curriculum
approved by the commission for those seeking employment in the private security
field. This curriculum and its student performance objectives are the minimum
academic standards for completion of the course.

(2)
Nothing in these rules shall limit or be
construed as limiting the commander from establishing additional training
objectives or success criteria above those established by the commission. Where
a conflict may arise, commission rules or standards will supersede those of the
commander.

(3)
Instruction in
company, department or agency rules, local ordinances, or school rules may be
given upon local initiative. No portion of the instructional time devoted to
this part of the training shall be credited toward the hours of instruction and
topics required for completion of the certification course.

(1)
The private security basic firearms
training and requalification courses are designed to meet the requirements for
such training and requalification as established in section
109.78 and Chapter 4749. of the
Revised Code.

(2)
These courses
are designed to prepare students to perform armed functions while on security
duty. Nothing in these rules shall be construed as limiting the employing
authority or agency from enacting rules and regulations which establish higher
standards of training or qualification than those of the commission.

(3)
No instruction other than the
commission-approved training shall be credited toward the hours or objectives
required for basic firearms certification or requalification.

(A)
Each commander is required to obtain certification from the executive director
in order to conduct private security training courses. Such certification will
be based upon the submission of a notarized, typewritten statement of
qualifications, on a form prescribed by the executive director, by the person
seeking certification as a commander. The commander shall conform to the
minimum qualifications as set forth in this chapter and must be associated with
an approved training facility. Substantiating documentation of qualifications
shall accompany the application at the time of submission.

(1)
High school graduate or possession of a
"General Education Development" certificate; and

(2)
Three years full time experience in the
private security field, a security-related field or the equivalent, as
determined by the executive director. Law enforcement experience does not
automatically qualify as security-related experience. The determination of
applicability will be based upon the functions performed as a law enforcement
officer; and

(3)
Two years full
time experience in a management-level position or completion of ninety quarter
hours or sixty semester hours at an accredited college or university;
and

(4)
Three professional
references from individuals currently employed in the security or a
security-related field in a management-level position, who have known the
individual for at least three years; and

(5)
No conviction for a felony, crime of
moral turpitude, offense of violence, or sexually
oriented or child-victim oriented offenses. Evidence of a current criminal records check through
the bureau of criminal identification and investigation must be submitted with
the application.

(C)
Joint vocational school private security commanders may be exempted from
requirements of paragraph (B)(2) of rule
109:2-3-04 of the
Administrative Code by the executive director. This certificate will be
specific for those commanders conducting commission-approved courses in joint
vocational schools only.

(D)
Minimum qualifications for certification as a basic firearms commander or
requalification commander.

(1)
High school
graduate or possession of a "general education development" certification;
and

(2)
Five years full time
experience in the private security field, a security-related field or
equivalent as determined by the executive director. Law enforcement experience
does not automatically qualify as security-related experience. The
determination of applicability will be based upon the functions performed as a
law enforcement officer; and

(3)
Three professional references from individuals currently employed in the
security or a security-related field in a management-level position, who have
known the individual for at least three years; and

(4)
No convictions for a felony, crime of
moral turpitude, offense of violence, or sexually
oriented or child-victim oriented offense. Evidence of a current criminal record check through the
bureau of criminal identification and investigation must be submitted with the
application.

(E)
Once
the application is approved by the executive director, a site inspection and
commander orientation will be conducted by commission staff prior to a
commander certificate being issued.

(1)
Certification shall be renewed every
three years. At least sixty days and no more than ninety days prior to
expiration of the certificate, the individual shall submit, on a form
prescribed by the executive director, an application for renewal.

(a)
Must conduct at least two courses within
the three year period; and

(b)
Attend at least one commander conference conducted by the commission;

(i)
Should the commission not conduct a
conference within the period of certification, this requirement will be
suspended for the affected renewal.

(ii)
Should the commission conduct only one
conference within the period of certification but the individual fails to
attend, this requirement can be met by completing another orientation program,
as conducted by commission staff.

(2)
The executive
director may suspend the certification of any commander that is found to be
under indictiment for any felony, crime of moral turpitude, offense of
violence, or sexually oriented or child-victim oriented
offense.

(3)
Should the
executive director refuse to issue or renew a certificate, or choose to
suspend or revoke an individual's certification,
the executive director shall comply with rule
109:2-3-13 of the
Administrative Code.

(A)
All
instructors are required to be certified by the executive director to teach in
the private security training program by the executive director. All persons
requesting approval as an instructor shall submit a notarized application on a
form prescribed by the executive director indicating each topic or unit of
topics for which the person is seeking approval. Supporting documentation of
qualifications shall accompany the application at the time of
submission.

(B)
Minimum
qualifications for certification as a unit instructor shall be as follows:

(1)
High school graduate or possession of a
"General Education Development" certificate; and

(2)
Five years of full time experience in
private security or a related field
, as determined by the
executive director. Law enforcement experience does not automatically qualify
as security-related experience. The determination of applicability will be
based upon the functions performed as a law enforcement officer; and

(3)
Completion of a course of instruction
approved by the executive director designed to prepare the individual to teach.
Such courses shall include instruction in the theories of learning, teaching
techniques, behavioral objectives, use of audio-visual aids, and an exercise in
practice teaching. Credit for this requirement may be granted by the executive
director for equivalent training or experience; and

(4)
Completion of an instructor-level
training program approved by the executive director which will allow a person
to learn specific knowledge and skills in a unit for which certification is
requested; and

(5)
Persons seeking
approval as a firearms instructor shall meet the requirements of this section
and also provide documentation of three years full time experience as an armed
security officer with the weapon for which certification is sought;
and

(6)
No conviction for a felony,
crime of moral turpitude, offense of violence, or sexually oriented or
child-victim oriented offense. Evidence of a current criminal record check
through the bureau of criminal identification and investigation must be
submitted with the application.

(C)
Topic instructors will be certified only
to teach topics within a unit or units of the curriculum, not to exceed five
topics. Topic instructors shall not be eligible for approval for the
firearms units.
Minimum qualifications for certification as a topic instructor shall be as
follows:

(1)
High school diploma or "general
education development" certificate; and

(a)
Persons licensed, degreed, or professionally
certified in particular disciplines such as medical doctors, attorneys, nurses,
counselors, protection professionals and teachers of specialized subjects
related to the private security training course may qualify. Persons licensed,
degreed or certified in a particular discipline may be eligible to teach all
topics within their area of expertise; or

(b)
Persons formally recognized for their
professional competency in the security, health, fire safety or other related
areas must have a minimum of two years of experience; and

(3)
No conviction for a felony, crime of
moral turpitude, offense of violence, or sexually oriented or child-victim
oriented offense. Evidence of a current criminal record check through the
bureau of criminal identification and investigation must be submitted with the
application.

(1)
Unit instructors shall
renew their certification every three years. At least sixty days and no more
than ninety days prior to expiration of the certificate, the instructor shall
file, on a form prescribed by the executive director, the following:

(a)
Written evidence from the commander(s)
that the instructor has taught in at least two commission-approved courses
during the most recent certification period; and

(b)
Must attend,
during the most recent certification period, at least fifteen clock hours
of professional development or continuing education relative to at least one of
the areas for which the individual is certified. Documentation of
attendance or completion from the training agency or institution must be
submitted.

(2)
Topic
instructors shall renew their certification every three years. At least sixty
days and no more than ninety days prior to expiration of the certificate, the
instructor shall file, on a form prescribed by the executive director, the
following:

(a)
Written evidence from the
commander(s) that the instructor has taught in at least two commission-approved
private security courses during the most recent certification period;
and

(b)
Proof that certification or
license submitted as basis for original certification or most recent renewal is
still valid, or has been renewed and is in good standing with the issuing body,
or present documentation that they are still actively involved in the
participation or practice of the topic area or areas for which certification
was granted.

(E)
The executive director may deny, suspend,
revoke, or refuse to renew certification of an individual for the following
reasons:

(1)
Failure to meet the minimum
qualifications for instructor certification listed in paragraphs (B) and (C) of
this rule;

(F)
Should the executive director
refuse to issue or renew a certificate, or choose to suspend or revoke an
individual's certification, the executive director will comply with rule
109:2-3-13 of the
Administrative Code.

(A)
Commanders
of any private security training course must be in compliance with rules
109:2-3-03,
109:2-3-04, and
109:2-3-05, the Administrative
Code prior to the submission of an application to conduct a course.

(1)
On a form prescribed by
the executive director, the commander shall submit an application and
appropriate application fee to the executive director to conduct an academic
training course no later than twenty-one days prior to the first day of the
course. Included with those items shall be a proposed training calendar, which
shall list the following:

(e)
Any other
information as may be required by the executive director.

(C)
Minimum of six
commission-certified instructors must be scheduled to teach in the private
security academic training courses.

(D)
The commander must have prior written
approval from the executive director to conduct the academic training course.
This approval shall be valid only for the proposed dates indicated on the
application form.

(1)
Courses which are not in compliance with
the rules of this chapter will be denied.

(2)
Approved courses which are found to be in
violation of the rules of this chapter may have their approval revoked by the
executive director.

(3)
Should the
executive director deny an application or revoke approval to conduct a course,
the executive director shall comply with rule
109:2-3-13 of the
Administrative Code.

(F)
Within three calendar days after the
course has begun, the commander shall forward to the executive director, on
forms prescribed by the executive director, a student enrollment list and an
enrollment package, for each student.

(G)
Upon completion of the course, the
commander shall forward to the executive director all required records, as
prescribed by the executive director.

(H)
Application requirements for the basic
firearms and requalification courses.

(1)
On
a form prescribed by the executive director, the commander shall submit an
application and appropriate application fee to the executive director to
conduct a basic firearms or requalification course no later than twenty-one
days prior to the first day of the course. Included with those items shall be a
proposed training calendar, which shall list the following:

(d)
Any other
information as may be required by the executive director.

(2)
The commander must have prior written
approval from the executive director to conduct the basic firearms or
requalification course. This approval shall be valid only for the proposed
dates indicated on the application form.

When a student is absent for ten percent or less of the
non-mandatory commission-required hours of the training course in which the
student is enrolled, the school commander may excuse the absence, if in the
commander's judgment, the absences were for valid reasons, including but not
limited to illness of either the student or the student's immediate family or
an emergency employment situation. The student shall provide the commander with
written documentation listing the reasons for the absence. The commander may
require the student to make up the missed hours of training.

(b)
Absence of more than ten percent of the
non-mandatory commission-required hours.

If a student misses more than ten percent of the non-mandatory
commission-required hours of the course, the student will not be eligible to
take the final examination and will fail the course.

(B)
One hundred per
cent attendance shall be required for The mandatory topics of laws of arrest,
search and seizure, cultural sensitivity, unarmed self-defense, and first aid,
any portion of any firearm training course which is conducted and any other
topic designated by the Ohio general assembly or the commission.

(A)
Each person
enrolled in the private security academic training course shall maintain a
notebook, as one of the requirements for certification, the notebook shall be
periodically reviewed and evaluated as satisfactory or unsatisfactory by the
commander. The notebook shall contain appropriate entries of pertinent material
covered during the classroom sessions of the training course. Among the factors
to be evaluated in the notebook, shall be:

(A)
The Ohio peace
officer training commission will prepare, conduct and score a final examination
for each person successfully completing the private security academic training
course. Each student recommended for certification must pass the final
examination with a minimum score to be determined by the commission. Special
skills training such as first aid, firearms, and unarmed self-defense, which
are tested through practical demonstrations, will not be covered on the final
examination.

(B)
No student shall
participate in the final examination who has not successfully completed first
aid or unarmed self-defense, or has failed to submit a satisfactory student
notebook.

(C)
No student shall
participate in the final examination who has failed to meet the minimum
attendance requirements established by the commission.

(D)
The results of this examination shall be
made known to the commander within five business days of the date administered.
Persons failing to achieve the designated minimum score shall be given one
retest. This retest shall normally be given within two weeks of the date the
commander is notified of the initial examination results. The results of the
retest shall be made known to the commander within five business days of the
date administered. Students who fail the retest shall not be permitted to take
the final examination again until they successfully complete another private
security academic training course.

(A)
Persons holding positions listed in section
109.78 of the Revised Code in
which such persons go armed while on duty shall successfully complete a basic
firearms training course which includes a minimum of twenty hours of training
in each handgun to be used, and, if the shotgun is to be used, a minimum of
five hours of training in the use of the shotgun. In order to successfully
complete this course of instruction, a student must pass each student
performance objective outlined in the commission-approved basic firearms
course. Failure to pass any objective results in failure of the course.

(1)
Certification shall be valid for a period
of eighteen months from the date of completion of the basic firearms training
course.

(2)
The renewal date for
initial requalification shall be established as eighteen months from the date
of initial certification. That date shall remain constant each year, until such
time as the individual fails to requalify prior to the expiration date of a
current certification period. Such failure to act shall void the renewal date
and a commission-approved minimum twenty-hour basic firearms training course
shall be repeated.

(B)
Persons holding positions listed in Ohio Revised Code
109.78 in which such persons go
armed while on duty shall be required, on an annual basis, to successfully
complete a minimum of four hours of a firearms requalification course approved
by the Ohio peace officer training commission. In order to requalify, a person
must pass each student performance objective outlined in the firearms
requalification course. Failure to pass any objective results in failure of the
course.

(1)
The renewal date for initial
requalification shall be established as eighteen months from the completion
date of the initial basic firearms training course. That date shall remain
constant each year until such time as the individual fails to requalify prior
to the expiration date of a current certification period. Such failure to act
shall void the renewal date and the basic firearms training course must be
repeated.

(2)
Requalification
shall be valid for a period of twelve months from the date of completion of the
firearms requalification course.

(A)
Upon
satisfactory completion of the academic training course, the commander shall
recommend the student for certification, on a form prescribed by the executive
director.

(B)
A student who
successfully completes the academic training course but fails the optional
firearms course will receive a certificate for the academic training course
only.

(C)
A student who
successfully completes the optional firearms training portion of the private
security academic training course but fails the academic training course will
not receive a certificate of completion for the firearms training course.

(D)
Receipt of the certificate by
the student shall be considered as successful completion of the approved
training course

(A)
The course content and curriculum of the
private security academic training course shall be established and approved by
the commission. It shall be sufficient in content and subject material to
provide the student with a basic knowledge of the role, functions, and
practices of the private security officer.

(B)
The units, topics, hours and student
performance objectives for the course shall be approved by the commission, and
must be taught in their entirety.

(C)
The curriculum shall be comprised of
topics that will be contained in the following units:

(D)
Firearms training may also be
offered for those students who seek certification in that area. Pursuant to
section 2923.21 of the Revised Code, no
person under eighteen years of age may participate in any portion of the
firearms training.

(E)
The units,
topics, hours and student performance objectives mandated by the commission are
minimum requirements for obtaining certification. Commanders and instructors
are encouraged to exceed these minimum requirements.

If a request for certification or renewal of any certification
is denied, if certification
is suspended or revoked, or school approval is
revoked, the executive director shall notify the
affected party. Unless the decision was of a ministerial nature, the executive
director shall advise the affected party that the affected
party may request a hearing before the commission as provided in sections
119.06 and
119.07 of the Revised Code. The
commission shall conduct the hearing as required by sections
119.01 to
119.13 of the Revised
Code.